The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1887-03-12
AN TNKARRANTED MEasuRR.

Washington. Feb. 2S.-The mi
nority report prepared By Senator
George and signed by all the Dem
ocratlc members of the Senate
Committee on the judiciary upon
the Hoar bill, to provide inquests
under national authority, declares
1t to be the opinion of the signers
that that measure is unwarranted
by the Constitution, and that its
passage would be a grave and
serious usurpation by Congress of
powers reserved to the States.
The report discusses at great
length the relations Of the gen.
eral to the State governments,
and the rights reserved to each
under the Constitution. Congress,
it declares, can pass no law upon
the subject of personal conflict
between private individuals of diff.
ferent races and personal wrongs
perpetrated by one on the other +;
or between persons of different
political parties, or wrongs done
one party.man on another, because
of opinions which the injured par
ty may entertain or express. The
authors of the bill it says have not
been backward In asserting power
in Congress over subjects cognate
to those mentioned in this bill.
Independent of any support which
they may have given to the many
acts Of Congress, which may have
been decided unconstitutional by
the Supreme Court, they have IN.
troduced bill contemporaneously
with the decisions in the civil
rights cases, which contained as.
sertions of the extremist power
over these subjects. 1t is no de-
Tense of the constitutionality OF
this bill, says the minority, that il
assumes no jurisdiction, no power
over persons to punish or restrain
them, but simply directs the court
to make an inqusition concerning
crimes committed in State, and
whose trial and punishment are
solely in her jurisdiction. The
question for decision is, has Con
gress the power to pass the bill
Certainly the power is not among
those expressly conferred in the
Constitution. If 1t were claimed
as an incident power, then its ad
vocates must point out the ex
press power. for carrying out
which this bill was necessary
This could not be done. But the
bill, the report says, is not ever
entitled to the defense of being
entirely impotent and harmless
Impotent 1t is for all purposes O
good and orderly government, bu
1t has extraordinary vigor for evil
1t establishes an unwarrantet
Federal espionage over matters
confided exclusively to the juris
diction of the States; 1t invites
and encourages irresponsible ant
discontented persons to subject
the conduct of their neighbors tC
an investigation by q tribunal be
fore which these persons thus
slandered have no opportunity o.
appearing or summoning witness
es. 1t is true the tribunal has nc
power to render judgment against
them which will effect their lives
their liberty or their property
but it has the power, In an 9,
parte inquisitorial way, of giving
official form and body and sub
stance to accusations which there
has been no opportunity to meet
to destroy character and to black
en- the names Of citizens who are
not heard in their own defense
to stamp as genuine and true sian
ders and libels; to give currency
to blackguardism and perjury. Il
destroys the whole scheme of the
Constitution. 1t does not entel
the vestibule merely and defact
and destroy some slight ornament
but it saps and undermines thu
foundation of the temple itself.